Notice to Quit (Vacate)
Formally notify a tenant that their tenancy is ending and they must vacate the rental property.
What Is a Notice to Quit?
A Notice to Quit (often called a Notice to Vacate or Lease Termination Letter) is a formal document used by a landlord to end a month-to-month tenancy or to inform a tenant that a fixed-term lease will not be renewed. Unlike a 'Notice to Pay Rent or Quit', this notice does not give the tenant the option to fix a violation; it simply provides them with the legally required amount of time to move out.
Types of Notices to Quit
The type of notice you need depends on the situation and your state's specific laws:
30-Day or 60-Day Notice (No Cause)
Used to terminate a month-to-month lease when the tenant has done nothing wrong. States require 30 or 60 days' notice standard. (Note: States with "Just Cause" eviction laws, like CA and NY, severely restrict a landlord's ability to issue no-cause notices if the tenant has lived there over a year).
Notice of Non-Renewal
Sent prior to the expiration of a fixed-term lease (like a standard 1-year lease) to inform the tenant that the landlord will not be renewing the contract.
Notice to Quit for Incurable Violation
Used when a tenant commits a severe lease violation that cannot be fixed (e.g., conducting illegal activity on the premises or causing severe property damage). Demands the tenant leave immediately (usually 3 to 7 days depending on the state).
Proper Service is Crucial
Handing a tenant a piece of paper informally is not enough to hold up in housing court. You must "serve" the notice correctly and fill out a Proof of Service. Acceptable methods usually include:
- Personal Delivery: Handing the notice directly to the tenant.
- Substituted Service: Giving it to another adult living on the property, AND mailing a copy.
- Post and Mail: Taping the notice securely to the front door, AND sending a copy via Certified Mail.
Generate a Notice to Vacate
Ensure your termination notice complies with state-mandated timelines to avoid delays in re-renting your property.